Jharkhand High Court
Balkrishna Ram @ Bal Krishna Ram vs The State Of Jharkhand on 31 January, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 201 of 2021
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Balkrishna Ram @ Bal Krishna Ram .... Petitioner
Versus
The State of Jharkhand .... Opp. Party
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CORAM: HON'BLE MR. JUSTICE RAJESH KUMAR
For the Petitioner : Mr. Nilesh Kumar, Adv.
For the State : Ms. Vandana Bharti, APP
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The matter was taken up through Video Conferencing. Learned counsel for the parties
had no objection with it and submitted that the audio and video qualities are good.
....
07/31.01.2022 I.A. No.7080 of 2021
It has been submitted by learned counsel for the petitioner that the present
interlocutory application has become infructuous and as such permission may be
granted to withdraw the same.
Permission is granted.
Accordingly, the present interlocutory application stands dismissed as
withdrawn.
I.A. No.5310 of 2021
The present interlocutory application has been filed on behalf of the
petitioner for suspension of sentence, during pendency of the instant criminal
revision petition.
The instant criminal revision has been filed against the judgment dated
23.02.2021 passed by the learned Principal Sessions Judge, Simdega in Criminal
Appeal No.69/2018, who has affirmed the judgment of conviction and order of
sentence dated 22.11.2018 passed by the learned CJM, Simdega in G.R. No.75 of
2017 [T.R. No.352 of 2018] arising out of Simdega P.S. Case No.13 of 2017
whereby the petitioner has been convicted for the offence under Sections 409/34
and 420/34 of the Indian Penal Code and sentenced to undergo R.I. for four years
with a fine of Rs.5,000/- for the offence under Section 409/34 of the IPC and to
undergo R.I. for four years with a fine of Rs.5,000/- for the offence under Section
420/34 of the IPC. The appellant was also sentenced to pay compensation of
Rs.1,00,000/- (One Lac) to the Government of Jharkhand to be deposited in the
MGNREGA Fund of Block Development Officer, Simdega and in default of
payment of fine he has further sentenced to undergo R.I. for eight months.
Learned counsel for the petitioner has submitted that the appellant is a
Government servant and only allegation is making of advance payment without
getting the work done. It has been further submitted that at the best it is a case of
under service jurisprudence and no criminality can be attached
On the other hand, learned counsel for the State has opposed the prayer.
Considering the materials available on record, I am inclined to suspend
the sentence of this petitioner. Accordingly the petitioner is directed to be enlarged
on bail, on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned CJM, Simdega in
G.R. No.75 of 2017 [T.R. No.352 of 2018] arising out of Simdega P.S. Case No.13
of 2017, subject to the condition that the petitioner shall remain present before the
Court as and when the case is taken up for hearing, failing which his bail bond shall
be cancelled.
I.A. No.5310 of 2021 stands disposed of.
(Rajesh Kumar, J.)
Shahid/
